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Before a packed, tense crowd, Salinas City Council on Tuesday voted to pursue legal action against Councilman Jose Castañeda to force him to step down from his seat on the Alisal Union School District board of trustees.

The council voted 4 to 2 with one abstention to seek permission from the state Attorney General’s office to proceed with a so-called “quo warranto” lawsuit against the freshman councilman to dislodge him from the Alisal seat.

Castañeda warned his colleagues that he would fight their actions and vigorously defend himself.

“I will never quit,” he said.

Later, he tried bargaining with the panel.

“Let my term come to an end. Respect it. I don’t care if you like it or not.”

The council majority, however, expressed in several different ways that they had become fatigued with the situation.

“This is troubling matter and it has become a real distraction for this City Council,” said Councilwoman Jyl Lutes, who made the motion to sue Castañeda.

“We’re not going after Mr. Castañeda — we’re not trying to get him off the council. But, if we walk away (from this), we would be excusing someone who is breaking the law.”

Councilwoman Gloria De La Rosa seconded Lutes’ motion and pleaded with the freshman city lawmaker to resign from the Alisal board, thus preventing the city from having to take legal action.

Mayor Joe Gunter and council members Lutes, De La Rosa and Kimbley Craig voted to sue Castañeda.

Council members Tony Barrera and Steve McShane voted against the action.

Castañeda, who was advised by counsel not to vote on the matter but did anyway, cast the lone abstention.

For her part, Craig said the council had been backed into taking action against Castañeda in large part because of the failure of the Alisal district to address the issue.

The district late last week sent a letter to the city saying it would decline to address any of the city’s questions on the matter.

“We have to deal with this because the AUSD won’t,” she said.

Craig then reminded Castañeda that he will be ultimately responsible for whatever legal expenses the city incurs.

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“This is money you are forcing us to spend,” Craig said directly to Castañeda.

McShane, who declined to participate in the questioning of the outside legal counsel and passed at opportunities to comment during the debate, finally said that the Castañeda matter wasn’t the city’s responsibility.

“It’s not the city’s problem,” McShane said. “It’s up to somebody out there to act on this … I am going to pass on this.”

Since winning a seat in District No. 1 on the council last fall, Castañeda, a veteran Alisal school board member, has refused to give up his school board seat — an action the council majority and many legal observers alike believe violates state government code.

Earlier in the meeting, the council also formally received a report from a San Leandro law firm it had hired to provide a separate legal opinion on the situation.

That opinion, which cost the city $7,500, reached the same conclusion of most observers: Castañeda is violating the code by holding two directly incompatible public offices.

The outside attorney, Tom Willis, said that Castañeda — if he loses — not only could face removal from the school board but also be subject to paying the city’s legal expenses and a possible $5,000 civil fine.